What happened:
On behalf of the State of Idaho, Idaho Attorney General Raúl Labrador submitted a “friend of the court” brief to the U.S. Supreme Court supporting Utah’s latest attempt to take millions of acres of public land out of the control of the American people, Congress and the political process, and instead have the Supreme Court designate other managers.
Why it matters:
- “Why is the Idaho Attorney General pursuing this? What is his logic?”
According to the Idaho Attorney General’s brief, the purpose is for additional development on public lands that the State or private interests would profit from.
- “I don’t see what’s wrong with the state managing lands. Wouldn’t Idahoans benefit from the income to the state?”
Idahoans love their public lands, and if the Supreme Court directed the federal government to “dispose of public lands”, it is unknown whether they would remain public. Even if they were granted to the respective states, ICL is concerned that the states would be forced to sell them off.
One scenario could see millions of acres transferred to the Idaho Department of Lands and the Idaho Land Board, made up of the Governor, Attorney General and other state constitutional officers. Current state endowment lands are managed by the Idaho Department of Lands for long-term, maximum economic profit for specific beneficiaries, such as public schools, universities, and prisons. Given the cost of upkeep and the high development potential for many of these public lands, ICL is concerned that the Idaho Land Board would be forced to sell off the lands to cover the high costs of wildfire, access, and maintenance.
- “In Utah, the Attorney General says these lands will stay public. Why do groups like ICL say that’s unrealistic?”
State endowment lands are not considered public by the Idaho Department of Lands. Unlike other federally-administered public lands, state endowment lands are not managed for multiple use, such as water quality, fish, wildlife, recreation, and cultural resources. Idahoans have far less say when it comes to managing state lands compared to public lands managed on our behalf by the Forest Service and Bureau of Land Management. In addition, Idaho would not be able to cover the hundreds of millions of dollars to fight fires, maintain access, and manage these lands, forcing the state to sell them off to the highest bidder. Recent history with the Texas billionaire-owned DF Development lands in Valley (Idaho, Adams, and Boise) Counties demonstrates that private property owners may choose to restrict public access, post no trespassing signs, and subdivide these lands.
During the 2016 Presidential Campaign, Donald Trump said, “I don’t like the idea because I want to keep the lands great, and you don’t know what the state is going to do.”
Prior economic analyses have found that the state could be faced with hundreds of millions of dollars in liabilities, including abandoned mines, massive road networks, explosive wildfire costs, expansive recreation infrastructure, and much more.
- “What happens next? What’s the decision-making process? What are the important dates, and when/how could a decision be implemented?”
The Supreme Court is expected to decide whether to take up the case around January 10, although the decision could be delayed. If the Supreme Court takes up the case, other parties are likely to weigh in with amicus briefs. If the Supreme Court refuses to consider the case, the State of Utah would have to refile the complaint in District Court, and it would likely reach the Supreme Court after several years. Regardless of which path the case may take, Idahoans need to take action, and engage in the process, if they want to keep public lands in public hands.
- “I’ve heard that unpopular projects like Lava Ridge wouldn’t go forward if these lands were transferred to the state. Is that true?”
Development projects like Lava Ridge would have a much easier path with the Department of Lands, compared with current federal land managers. Based on public concerns related to wildlife, recreation, and cultural resources, the Bureau of Land Management ultimately shrank the Lava Ridge project by half ( 231 turbines on 38,535 acres) and the decision remains open to administrative challenge by the public. The state of Idaho recently approved a 32,000-acre wind and solar project on State lands in full with no analysis, alternatives, adjustments, and limited litigation options based on publicly approved environmental laws.
- “Couldn’t the Supreme Court designate other managers besides the state? What sort of impact would that have?”
Yes, it is unknown who might be the recipient of hundreds of millions of acres of public lands. The Supreme Court, and possibly Congress or the President, could have broad discretion to allocate the public lands in question. Regardless of who any future owner might be, they are unlikely to have the same multiple-use mandates for maintaining habitat for fish, wildlife, public access, recreation, or transparency.
- “Could this case set new precedents for how public lands are managed?”
If the Supreme Court determines that “unappropriated” public lands are transferable, the decision could be extended to include other public lands including National Forests, National Parks, Wildlife Refuges, Wilderness areas, and other special places at risk.
- “Could this case impact environmental laws like the National Environmental Policy Act, or Tribal Treaty Rights?”
The National Environmental Policy Act, which gives Americans a direct say in the management of public lands, does not apply on state or private lands. Treaty Rights between the U.S. government and Native American Tribes, such as the right to hunt, fish and gather on usual and accustomed places, do not have to be honored on state or private lands.
- “What can I do to protect our Public Lands?”
Previous takeover attempts stalled out when Idahoans of all walks spoke out loudly and opposed these efforts. The elected officials to contact at this time include the Governor’s office, the Office of the Attorney General, Idaho Legislators and the Idaho Congressional delegation. The easiest way to start is to go to the Idaho Conservation League take action page. Please spread the word to all your friends.